Warranty and Liability Limitations. Alteva MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER Alteva NOR ITS VENDORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO Alteva'S OR CUSTOMER'S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF Alteva'S OR ITS VENDORS' NEGLIGENCE. ANY CLAIM AGAINST Alteva MUST BE MADE WITHIN 90 DAYS OF THE EVENT OF THE CLAIM OR 90 DAYS FROM THE TERMINATION OF SERVICE, WHICHEVER IS EARLIER AND Alteva HAS NO LIABILITY THEREAFTER. Alteva'S LIABILITY IS LIMITED TO REPAIR, REPLACEMENT, CREDIT OR REFUND. Alteva MAY ELECT TO PROVIDE A REFUND IN LIEU OF CREDIT, REPLACEMENT OR REPAIR. ALL WARRANTIES COVER ONLY DEFECTS ARISING UNDER NORMAL USE AND DO NOT INCLUDE MALFUNCTIONS OR FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, MODIFICATION, IMPROPER INSTALLATION, OR REPAIRS BY ANYONE OTHER THAN Alteva. IN NO EVENT SHALL Alteva'S TOTAL LIABILITY HEREUNDER EXCEED THE AMOUNTS PAID BY CUSTOMER TO Alteva IN THE PRIOR TWELVE (12) MONTHS FROM DATE OF CLAIM.
Warranty and Liability Limitations. Provider makes no warranties, express or implied, including, but not limited to, and implied warranties of merchantability or fitness for a particular purpose. Neither Provider nor its vendors will be liable for unauthorized access to Provider’s or End-User’s transmission facilities or premise equipment or for unauthorized access to or alteration, theft or destruction of End-User’s data files, programs, procedures or information through accident, fraudulent means or devices, or and other method, regardless of whether such damage occurs as a result of Provider’s or its vendors’ negligence. Any claim against Provider must be made within 90 days of the event of the claim and Provider has no liability thereafter. Provider’s liability is limited to repair, replacement, credit or refund. Provider may elect to provide a refund in lieu of credit, replacement or repair. All warranties cover only defects arising under normal use and do not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, modification, improper installation, or repairs by anyone other than Provider. In no event shall Provider’s total liability hereunder exceed the amounts paid by the End-User to Provider in the prior twelve (12) months from the date of claim.
Warranty and Liability Limitations i. Konica Minolta makes no warranties, express or implied, about the Services, including but not limited to implied warranties of merchantability or fitness for a particular purpose, and said warranties are expressly denied.
Warranty and Liability Limitations. EXCEPT AS PROVIDED IN THIS SECTION, ALL SERVICES AND ALL DEVELOPER SOFTWARE ARE DELIVERED WITHOUT WARRANTY OF ANY KIND (EXPRESS IMPLIED, OR STATUTORY) TO CLIENT OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHEIVE PURPOSE; 4) QUALITY; OR 5) ACCURACY. NO EMPLOYEE, CONSULTANT, AGENT OR OTHER REPRESENTATIVE OF DEVELOPER HAS AUTHORITY TO BIND DEVELOPER TO ANY ORAL REPRESENTATIONS OR WARRANTIES CONCERNING THE SERVICES OR THE DEVELOPER SOFTWARE.
Warranty and Liability Limitations. THE SERVICE SUPPLIER AND COMPANY ---------------------------------- DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SERVICE SUPPLIER WILL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO COMPANY'S OR END USER'S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF END USER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF SERVICE SUPPLIER'S NEGLIGENCE.
Warranty and Liability Limitations. EXCEPT AS SET FORTH HEREIN, NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OP MERCHANTABILTY AND FITNESS FOR A PARTICULAR PURPOSE, ARE MADE BY NEULION. IN NO EVENT WILL NEULION BE LIABLE TO LICENSEE OR ANY OTHER PARTY FOR ANY LOSS, INCLUDING TIME. MONEY, GOODWILL, LOST PROFITS AND CONSEQUENTIAL DAMAGES BASED ON CONTRACT, TORT OR OTHER LEGAL THEORY, WHICH MAY ARISE HEREUNDER OR FROM THE USE, OPERATION OR MODIF1CATION OF THE LICENSED PROGRAMS.
Warranty and Liability Limitations. Customer does not warrant that the BBN Planet Services will be available on a specified date or time or that the Network will have the capacity to meet the demand of End User or its End Users during specific hours. Neither Customer nor its Network Services Supplier will be liable for any damage that End User or its End Users may suffer arising out of use, or inability to use, the services or products provided hereunder. Neither Customer nor its Network Services Supplier will be liable for unauthorized access to Customer's transmission facilities or premise equipment or for unauthorized access to or alteration, theft or destruction of End User's data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of Customer's or its Network Service Supplier's negligence. IN NO EVENT WILL CUSTOMER OR ITS NETWORK SERVICES SUPPLIERS BE LIABLE FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR FOR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF BBN PLANET SERVICES TO ACCESS THE NETWORK.
Warranty and Liability Limitations. 1. You agree with XXXX that is not possible to develop EDP programs such that they are error-free for all application conditions. XXXX explicitly makes you aware that the installation of a new pro- gram can affect already existing software, including such software that does not run at the same time as the new software. XXXX assumes no liability for direct or indirect damages, for conse- quential damages or special damages, including lost profits or lost savings. If you want to ensure that no already installed program will be affected, you should not install the present software.
Warranty and Liability Limitations. CloudWyze makes no warranties, express or implied, including, but not limited to, and implied warranties of merchantability or fitness for a particular purpose. Neither CloudWyze nor its vendors will be liable for unauthorized access to CloudWyze’s or Customer’s transmission facilities or premise equipment or for unauthorized access to or alteration, theft or destruction of Customer’s data files, programs, procedures or information through accident, fraudulent means or devices, or and other method, regardless of whether such damage occurs as a result of CloudWyze’s or its vendors’ negligence. Any claim against CloudWyze must be made within 90 days of the event of the claim and CloudWyze has no liability thereafter. CloudWyze’s liability is limited to repair, replacement, credit or refund. CloudWyze may elect to provide a refund in lieu of credit, replacement or repair. All warranties cover only defects arising under normal use and do not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, modification, improper installation, or repairs by anyone other than CloudWyze. In no event shall CloudWyze’s total liability hereunder exceed the amounts paid by the Customer to CloudWyze in the prior twelve (12) months from the date of claim.
Warranty and Liability Limitations. To the extent permitted by law, this warranty and the remedies set forth herein are exclusive and in lieu of all other warranties, remedies and conditions, whether oral, written, statutory, express or implied. SI disclaims all statutory and implied warranties, including without limitation, warranties of merchantability and fitness for a particular purpose and warranties against hidden or latent defects, to the extent permitted by law. In so far as such warranties cannot be disclaimed, SI limits the duration and remedies of such warranties to the respective warranty periods described herein and, at SI’s option, the repair or replacement services described herein. Except as provided in this warranty and to the maximum extent permitted by law, SI is not responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory, including but not limited to loss of use, loss of revenue, loss of actual or anticipated profits (including loss of profits on contracts), loss of the use of money, loss of anticipated savings, loss of business, loss of opportunity, loss of goodwill, loss of reputation, or any indirect or consequential loss or damage howsoever caused including the replacement of equipment and property. In no event will SI be liable for any amount greater than the purchase price for any SI product. Some states do not allow the exclusions or limitations of incidental or consequential damages, or limitations on how long an implied warranty (or condition) lasts. Therefore, the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
